Page:Black's Law Dictionary (Second Edition).djvu/853

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


which have become inoperative by iapse of time. either because the reason for their onactment has passed away, or their subject- mntter no longer exists, or they are not applicable to changed circumstances, or are tacitly disregarded by all men. yet without being expressly abrogated or repealed.

OBSTA PRINCIPIIS. Lat. Withstund beginnings; resist the tits]: approaches or encroachments "It is the duty of courts to he mitchfui for the constitutional rights of the citizen, and against any stealthy ecnronchments tliereon Their motto should be ‘obxla priaicipi‘ Bradley, J., Boysi v. U. S.. 116 U. S. 635, 6 Sup. Ct. 535, 29 L. Ed. 7-16.

OBSTANTE. W'ithstan(llng; hindering.

See NON Onsrnnrn. OBSTRICTION. Obligation; bond.

OBSTRUCT. 1. To block up; to interpose obstacles; to render impassable; to fill with barriers or impediments: as to ob- struct a road or way. U. S. v. Wiiilams, 28 Fed. Cas. 1333; Chase v. Oshkosh, 81 Wis. 313, 51 N, w. 500, 15 L. R. A. 5:13, 29 Am. St. Rep. 898; Overhouser v. American Ce- real Co.. 118 Iowa, -117, 92 N. W. 74: Gor- hnrn v. Withey. 52 Mich. 50, 17 N. W. 272.

2. To impede or hinder; to lntei-pose ob- stacles or impediments, to the hindrance or trustration of some not or service; as to ob- struct an officer in the execution of his duty. Davis v. State, 76 Ga. 722.

3. As applied to navigable waters, to “ob- struct" them is to interpose such impediments in the way of free and open navigation that vessels are thereby prevented from going where ordinarily they have a right to go or where they may find it necessary to go in their maneuvers. See In re City of Rich- mond (D. C.) 43 Fed. S8; Terre Haute Draw- bridge Co. v. Hulliday. 4 Ind. 36: The Vacnouver, 28 Fed. Cas. 900.

4. As applied to the operation of rail- roads, an “olrstriiction" may he either that which obstructs or hinders the tree and safe passage of a train, or that which may receive an injury or damage. such as it would be unlawful to inflict, it run over or against by the train, as in the case of cattle or a man approaching on the track. Nashville & C. R. Co. v. Carroll, 6 Heisk (Tenn.) 5368: Louisville N. & G. R. CO. v. Reidnioud. ll Lexi (Tenn.) 205- South & North Aiabama R. Co. v. Williams. 65 Ala. 77.

OBSTRUCTING PROCESS. In criminal law. The act by which one or more persons attempt to prevent or do prevent the execution of lawful process.

OBSTRUCTION. This is the word prep. erly descriptive of an injury to any one's



incoi-poreal hereilitsincnt, c. g., his iight to an easement, or profit cl prcndm; an nlternative word being "disturl.Iaiice." On the other hand. “infringemeut" is the word prop- eriy des(-riptive of an injury to any one’s patent-rights or to his copyright But “oh- structiuii" is also a very general word in law, being applicable to every hindrance of a man in the discharge of his duty, (whether official, public, or private.) Brown.

OBTAIN. To acquire; to get hold of hy efitort; to get and retain possession of; as, in the offense of “ohta1ining" money or property by false pretenses. See Com. v. Schnnink. 207 Pa. 544, 56 Atl. 1088. 99 Am. St Rep. 801: People v. General Sessions, 13 Hun (N. Y.) 400; State v. Will. 49 La. Ann. 1337. 22 South. 318; Sundmacher v. Biock. 39 Ill. App. 553.

Obtemperandum est cmisuetuflini rationabili tanquam legi. 4 Cake. 38. A reasonable custom is to be obeyed as a law.

OBTEMPERARE. Lat. To obey. Hence the Scotch “obtempcr," to obey or comply with a judgment of a court.

OBTEST. To protest.

OBTORTO COLLO. In Roman law. Taking by the neck or collar; as a plaintiff was allowed to drag a reluctant defendant to court. Adams, Rom. Ant. 2-£2.

OBTULIT SE. (Offered himself.) In old practice. The emphatic words of entry on the record where one party offered him- self in court against the other, and the latter did not appear. 1 Reeve, Eng. Law, 417.

0BVEI‘l'I"IO. Lat. In the civil law. Rent; profits; income; the return from an investment or thing owned: as the earnings of a vessel.

In old English law. The revenue of :1 spiritual living. so called. Also. in the pin- ral. “ofiterings.”

OCASION. In Spanish law. Accident. Las Psirtidas. pt. 3, tit. 32, 1. 21; White. New Re:-op. b. 2, tit. 9. c. 2.

OCCASIO. In feudal law. A tribute which the lord imposed on his vassnls or tenants for his necessity. Iiindrance; trouble; Vexation by suit.

OCCASIONALRI. To be charged or loaded with piiyments or occasional penalties.

OCCASIOINTES. sarts. Spelman.

In old English law. As-

Ooeultatio theaaiu-i inventi fraudu-

Insa. 3 Inst. 133. The concealment of discovered treasure is fraudulent.